Court : Supreme Court of India
Decided on : Nov-07-2006
Reported in : AIR2007SC351; 103(2007)CLT511(SC); 2007CriLJ995; JT2006(9)SC603; 2006(11)SCALE272
..... ) opined that on objective assessment on the part of the officer, if he finds that no investigation into the allegation is needed, he could certainly act in terms of section 157 of the code. the said decision, however, will have no application in a case of this nature. 16. the first respondent is a statutory ..... a three-judge bench of this court in the state of uttar pradesh v. bhagwant kishore joshi : 1964crilj140 , referring to the provisions of section 5a of the prevention of corruption act, opined:.even so the said police officer received a detailed information of the offences alleged to have been committed by the accused with necessary ..... behalf of respondents, on the other hand, would submit that the first respondent having been constituted in terms of the section 2 of the delhi special police establishment act, 1946 (for short, 'the said act') and the central government having laid down the procedures for conducting investigation including the mode and manner in which the preliminary .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-07-2006
Reported in : (2007)147PLR673
..... environment, forests and wildlife notification no. s.o.no.152 (e), dated the 10th february, 1983 and in pursuance of the provisions of section 7 of the said act and rule 4 environment (protection act) 1986 and in suppression of the environment department, notification no. s.o.81/c.a. 1986/s.5 & 7/92, dated ..... , in respect of which closure orders/directions have been issued by the central pollution control board under section 31a of air (prevention and control of pollution) act, 1981 or by the central government under section 5 of the environment (protection) act, 1956, shall stop functioning/operating with immediate effect.(6) the delhi development authority through its vice ..... our directions in para 7 above.9. learned counsel for the respondents also placed reliance on section 3(2)(v) of the environment (protection act) 1986 to contend that no industry in violation of the provisions of the said act can be allowed to run. learned counsel for the respondents further submitted that in exercise .....
Tag this Judgment!Court : Delhi
Decided on : Nov-07-2006
Reported in : 2009(93)DRJ760
..... another child in her womb. it is in these exceptional circumstances, that the supreme court was of the opinion that a case under section 306 ipc was made out.8. section 113a of the indian evidence act, 1872 deals with the issue of presumption as to abetment of suicide by a married woman. the necessary conditionsfor raising such a presumption ..... ipc has been correctly framed for another reason also and that is the presumption of abetment which can be raised in view of section 113a of the indian evidence act, 1872. he submitted that at the stage of framing of charge, the court is not to function like a trial court and sift the evidence in great ..... court may presume'. this is in sharp contract to the expression - 'the court shall presume' - used in section 113b of the indian evidence act, 1872 which relates to presumption as to dowry deaths. thereforee, a careful reading of the said section 113a reveals that before a presumption that the suicide by a woman had been abetted by her husband can be .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-2006
Reported in : 2007(3)ALD236; 2007(3)ALT589
..... the property and that in such partition, she had been given the property, held that the widow had no right at all which could fructify into full ownership under section 14 of the act. the apex court, in fact, referred to kusumgauri v. umiben : air1975guj126 and bai vajia v. thakorbhai chelabhai : [1979]3scr291 and distinguished raghubar singh v. ..... law. in the light of the stand taken by the plaintiffs relating to tenancy, the courts below rightly negatived the relief of recovery of possession.13. section 14 of the act reads as hereunder:14. property of a female hindu to be her absolute property.-- (1) any property possessed by a female hindu, whether acquired before ..... concerned, inasmuch as the courts below recorded concurrent findings, the same may have to be confirmed. on the aspect of the applicability of section 14(1) or section 14(2) of the act referred to supra the counsel made certain submissions on the aspect of the words or expression 'property possessed by a female hindu' and would .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-2006
Reported in : 2007(2)ALD142; 2007(1)ALT578; (2007)2LLJ481AP
..... -chairman and managing director with a direction to consider the claim of the petitioner de novo, in the light of the provisions of section 47 of the act, and communicate his decision to the petitioner, within a period of two months from the date of receipt of a copy of this order....28. in ..... court perused the impugned order of the vice-chairman and managing director. the vice-chairman and managing director has not at all adverted to the provisions of section 47 of the act.on the above short ground, i allow the writ petition and quash the impugned proceedings dated 18.4.1998. the proceedings shall stand remitted to the vice ..... to have continued in service till he attained the age of superannuation of 60 years on 31 -7-2002. learned counsel would submit that section 47 of the prevention of disabilities act mandates the employer to provide alternative employment to an employee suffering from the physical disability of loss of vision and, though the petitioner had offered .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-2006
Reported in : 2007(2)ALD591; 2007(3)ALT417
..... suit for specific performance if the plaintiff failed to aver that he was ready and willing to perform his part of the contract as required by section 16 of the specific relief act and as mentioned in form 47 of schedule i of the civil procedure code, the plaintiff is not entitled for specific performance.(12) kommisetti venkaiasubbayya v. ..... choose to get into the box to state on oath about the averments pleaded in the plaint and therefore an adverse inference has to be drawn under section 114 of the indian evidence act. in support of his contentions, the earned counsel relied upon the following decisions:(1) indian bank, chittoor v. v.r. venkataraman and ors. : ..... had long expired and the conditions which are required to be fulfilled by a person seeking a decree for specific performance of the contract under section 16 of the specific relief act were not satisfied. relying on the above said observations of the apex court, the earned counsel for the appellant contended that though the facts .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-2006
Reported in : JT2006(10)SC318; 2006(11)SCALE511
..... circumstances, it was urged that the approval granted on 29.10.99 was liable to be set aside. it was further submitted that the scheme under section 17a of the 1957 act is not to disturb the existing rights which stood crystallized in favour of the appellants vide g.o. no. 1290; that, the grant of mining ..... the learned counsel urged that the state government being the competent authority for granting surface rights over the land and also for granting mining lease under section 5(1) of the 1957 act after sanctioning the lease in favour of the appellant, had directed the district collector to implement g.o. no. 1290. further, learned counsel ..... the official gazette, reserve any area for exploitation by the government, a corporation established by any central, state or provincial act or a government company within the meaning of section 617 of the companies act, 1956 (central act 1 of 1956).(2) availability of area for regrant to be notified:- no area which has been reserved by the government .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-07-2006
Reported in : 2007(3)ALD60
..... by the oral evidence of p.w. 2 and p.w. 3 apart from the evidence of p.w. 1. as already referred to supra, the case was registered under section 337 i.p.c. this factor also may have to be taken into consideration while fixing the quantum of compensation. however in the light of the nature of injuries which ..... is no doubt true that as can be seen from ex. a.1, certified copy of f.i.r., cr. no. 193/96 of jaheerabad police station was registered under section 337 i.p.c. as against the driver of the lorry bearing no.a.p. 13t 4528 for causing the accident. rule 476 of the rules deals with application for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-2006
Reported in : 2006(2)CTLJ317(SC); JT2006(10)SC424; 2006(11)SCALE208; (2006)10SCC1
..... what the legal limits of that power are. that is a question of law and must therefore be decided by the courts.(underlined for emphasis)section 9 of the judicial review procedure act, 1996 (canada) states that the court may reject an application for judicial review of a statutory power of decision, if there is mere ..... the offers. hence there is no predetermined number of offers that will be considered in the final phase. 5.6 technical pre-qualification criteria and factors this section sets out the pre-qualification criteria and pre- qualification factors that will be used to assess each of the two global pre-qualification factors.pre-qualification pre- ..... legal adviser to the transaction,amss being amarchand & mangaldas & suresha. shroff & co. 5. evaluation of stage 2 offers 5.1 overview of evaluation process this section sets out the approach that will be applied by the aai and its advisers when evaluating offers. general guidance in relation to the relative importance of each of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-07-2006
Reported in : RLW2007(2)Raj964
..... considering all the facts and circumstances of the present case as well as the rival submissions of learned counsel for both the parties, 1 allow the present application under section 151 of the c.p.c. filed by the decree-holder-respondents, and pass the following order:the defendant-appellants will make the payment of rs. 1000/- ( ..... stayed the further proceedings in the execution case arising from the impugned judgment and decree till disposal of the appeal. thereafter the respondent filed the present application under section 151 of the c.p.c. on 7.8.2006 for payment of mesne profit/compensation to him during the pendency of the second appeal. the appellant has ..... needless to say, shall be reasonable.2. in case of premises governed by the provisions of the delhi rent control act, 1958, in view of the definition of tenant contained in clause (1) of section 2 of the act, the tenancy does not stand terminated merely by its termination under the general law; it terminates with the passing of .....
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